Benjamin v. Hillard’s Empirical Analysis
64 U.S. 149 · 1859
Citation profile
12 federal appellate · 7 district · 26 state decisions
How this case has been cited
Cited by 71 later decisions (7 by the Supreme Court) — most recently July 2017 · most notably Pierce v. Tennessee Coal, Iron & Railroad (1899), Guaranty Co. v. Pressed Brick Co. (1903)
12 federal appellate · 7 district · 26 state decisions — followed in 13 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Nathaniel Crane v. The Lessee of Henry Gage Morris et al. · James D'Wole Junior v. David Jacques · Camden v. Doremus · Doe on the Demise of Elmore v. Grymes
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““There must be another contract substituted for the original contract, or some alteration in a point so material as in effect to make a new contract, without the surety’s consent, to produce that result.” Benjamin v. Hillard, 23 How. 149 , 16 L. Ed. 518 .”
1 later decision quote this exact passage · from the majoritye.g. Segari v. Mazzei““The amount that would have been received, if the contract had been kept, is the measure of damages if the contract is broken.””
1 later decision quote this exact passage · from the majoritye.g. Fite v. Miller
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.